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(영문) 대전지방법원 천안지원 2019.10.16 2019고단1392

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2019, at around 01:21, the Defendant reported 112 at the main point of the trade name, “A person who does not calculates the drinking value,” which was sent by E, a police officer affiliated with the Do police box of the YY of the YYA, the Defendant assaulted the police officer, by hand, at one time, the instant police officer’s hand, against the Defendant, who was out of the police station.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (suspect A’s video reports related to obstruction of performance of official duties);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In this case, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be determined as the same as the order, in consideration of the following: (a) the accused is not deemed to have exercised violence against a police officer on official duty; (b) the degree of the accused's assault is serious; (c) the accused has been punished by a fine due to a violent-related crime; and (d) the accused is recognized to commit